If you have a problem or have been wronged, Sean Cleary is the man to talk to. Had a fantastic experience with Sean and all of the friendly, helpful and professional staff of the firm. If Sean accepts you as a client and agrees to represent you, you'll be in the best of hands.
Seriously this man and his team are the best in Miami! I was lucky enough to find Sean and have him represent me after an auto accident that left me injured and with many bills, i couldn't really pay. He is the most honest lawyer I have ever met and truly cares about the people he and his office have helped. They argued with my insurance company and my medical insurance. They are really good at what they do and they fight for you like no one would!
My wife and I were referred to Sean Cleary by another Attorney. He was very highly recommended and, I must say, very deservedly so. Sean is very diligent in his work; his preparation is phenomenal and his presentations are something to behold. He is very accessible if you have any questions. He always takes the time to fully explain in language you can understand. We highly recommend anyone needing help...talk to Sean Cleary.
Sean is an outstanding professional, transparent and very diligent; he personally dedicated time and attention to my case; he always responded my calls promptly, keeping me informed all the time.
His knowledge and advises are very accurate and valuable. Definitely, great lawyer.
I would highly recommend Sean Cleary. Not only is he a very knowledgeable attorney he takes the time to explain the law to ensure you understand every aspect of your case. He is also very sensitive to the needs of you and or your family during very trying times.
From day one, Mr. Cleary had faith in my case. He paid attention to every detail with great professionalism. He did not shy away from any challenges and went the extra mile to provide what he promised.
The number of accidents caused by underinsured drivers has continuously increased over the last couple of years. In 2012, 14% of the total reported car accidents in the U.S. were caused by underinsured drivers, while 16% of all U.S. drivers are believed to be underinsured. Florida is among the top five states with underinsured drivers, with 23% of vehicle owners being underinsured.
How Can The Law Offices of Sean M. Cleary Help?
As experienced car accident lawyers, we often deal with cases where victims contact us too late, either after the statute of limitations expires or after they already signed an agreement with an insurance company. At that point, there is not much we can do for them. Therefore, we advise all traffic accident victims, regardless of their particular situation, to contact a car accident attorney as soon as possible.
At The Law Offices of Sean M. Cleary, we provide our clients with complete legal services from evidence gathering, to identifying available insurance sources and negotiating with insurance companies. While these companies are obviously profit oriented, our interest is to represent you, as we only get paid if you recover damages.
Florida Auto Insurance Law
Florida law requires drivers to carry auto insurance and prescribes fines for those caught driving on public roads without it. Besides receiving fines, uninsured drivers can have their license and vehicle registration suspended as well. Florida residents should purchase the following types of insurance if they wish to be fully covered in the event of a traffic collision:
The minimum amount of $10,000 Personal Injury Protection
Minimum of $10,000 No-Fault Property Damage Liability
Underinsured motorist coverage
The PDL insurance covers 80% of reasonable medical, surgical and disability benefits, and 60% of lost earnings up to the limit of the coverage. This insurance will be paid by your insurance company regardless of who caused the accident. No-fault insurance also extends to family members who do not have their insurance. However, the statutory minimum insurance does not provide full coverage. Florida law does not demand essential coverage like underinsured motorist coverage.
Underinsured motorist coverage should, however, be purchased. It will protect you if injured by a negligent driver who does not carry required insurance or has an insurance limit lower than your damages. If the other driver has no insurance, but you carry underinsured motorist coverage, you can make a claim to your insurance company and receive damages. If the other driver has insufficient coverage, you can make a claim under your policy and recover the difference.
When questioned about their reason for not purchasing insurance, drivers mentioned the following situations:
The vehicle is not in operating condition
They cannot afford to buy insurance
Premiums are too high
The car is running, but it is not being used
Also, underinsured motorist coverage can pay for personal injuries sustained by you or members of your household even if your vehicle was not involved in the accident, as long as the damages were caused by an underinsured vehicle. Hit and run cars are considered to be underinsured as well, meaning personal injury claims can be filed under underinsured motorist coverage. However, property damages can only be recovered through underinsured motorist coverage if the hit and run driver is first identified.
Do I Need Underinsured Motorist Coverage in Florida?
Florida is one of the few no-fault states, meaning your insurance company should pay for damages sustained in a traffic accident regardless of who was at fault. According to Florida law, all residents are demanded to carry Personal Injury Protection coverage. Besides, if you have a good health insurance, you might think underinsured motorist coverage is not necessary.
The truth is that despite the other two types of coverage, UM also covers lost wages during recovery and pain and suffering. Therefore, if you have been involved in a crash and you carry underinsured motorist coverage, you might recover more consistent damages. Besides that, all Florida residents should be aware of the fact that Florida does not require drivers to carry insurance that covers injuries to occupants of other vehicles. Through underinsured motorist insurance, those damages will be covered.
Having underinsured motorist coverage is also recommended in the event the other driver carries inadequate insurance to cover the whole extent of your losses. Your underinsured motorist coverage will cover the difference between your losses and the other driver's insurance limit. UM, coverage can also make a huge difference in case you are involved in a crash with a rental car. Florida law does not require rental companies to carry insurance that covers the damages done by individuals who rent their vehicles. Therefore, it is essential to carry underinsured motorist coverage to make sure you are fully protected regardless of the circumstances.
How to File an Underinsured Motorist Claim?
With the recent economic issues and the rise of unemployment, more and more drivers are out there on public roads without proper insurance coverage. In a typical situation, the insurance company covering the driver at fault for the crash will pay for economic and non-economic damages sustained by the victim. Unfortunately, that is not the case with an underinsured driver. Therefore, vehicle owners are advised to purchase underinsured motorist coverage for all the vehicles they own. Having UM coverage for all vehicles is important because of two reasons:
If you own UM coverage only for one of your vehicles but another vehicle is involved in the crash, you won't be able to recover damages.
If you own UM coverage for all vehicles, you will be able to stack them in an amount equal to your damages.
Therefore, if you have been involved in traffic accident resulted from another driver's fault, you should:
Collect the other driver's name, address, license number and auto insurance information
Ask for names and phone numbers of possible witnesses for later contact
Get a copy of the police report
Contact your insurance company and inform them about the event
Make copies of all medical bills related to the crash
Get at least three estimates for the damages to your car
Contact The Law Offices of Sean M. Cleary to help you maximize your recovery
What Can I Do After Being Hit By An Underinsured Driver? »
After being hit by an underinsured driver in Florida, damages will be covered by your insurance policy. You'll have to make a claim to your insurance company and you can sue the at-fault driver for additional damages. Rely on the sound representation available at the Law Offices Of Sean M. Cleary.
What Happens If I Get Into An Accident in Miami With An Underinsured Driver? »
When the at-fault driver is underinsured, your options are to collect damages from your insurance company, and this works if your costs are minimal, or to seek damages from that driver. Never sign documents for the at-fault party without consulting your insurance company or your lawyer first.
Florida is a no-fault state, and every vehicle owner is required to carry his or her own auto insurance. An underinsured driver has minimum insurance that does not cover all the expenses of a possible accident. What this usually means is that an underinsured driver will not be able to pay the full amount of damages.